Quote:
Originally Posted by yaktamer
Not really. As practical matter, jurors can do anything they want for any reason they want, insofar as the court is generally prohibited from inquiring into the reasons for their verdicts. However, there is an important difference between having the power to ignore the law and having the authority to do so. There simply is no legal authority for jury nullification. That's why jurors are instructed that they are to follow the law whether they agree with it or not, and if convinced that the government has met its burden of proof, they must return a verdict of guilty, just as they must return a verdict of not guilty if the government fails to meet that burden.
The remedies for "unjust" laws are (1) challenge the consitutionality of the law or (2) repeal the law through the legislative process. The remedy for overzealous prosecution is the election of a different prosecutor.
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Again, you need to read the Peter Zenger case and its importance in our history of jurisprudence. Jury Nullification is a well recognized tradition in our system.
You are misguided about a jury's ability to convict.
Many judges will allow a jury to address a criminal charge even though the judge believes the government has failed to prove its case. There are many reasons for doing so, but if the jury comes back with a conviction contrary to a judge's opinion of the proper decision, the judge can and will enter a directed verdict (or in some jurisdictions, a verdict not withstanding the jury's verdict.)
A judge can do that in the case of a conviction by a jury for what he or she believes is an improper conviction. A judge can do that because a jury can only convict in accordance with law.
But a judge cannot enter a directed verdict for conviction over a jury's acquittal. That is the essence of the Zenger case tradition of jury nullification, and it is sanctioned in our system because a jury can acquit for "any reason or no reason" despite what the judge might think.
I understand and respect that you don't think it should be that way. But that is a different issue the one about the way things are.